Article 1 – Scope
1.1 These Terms and conditions of the brand HUG THE TEA (the entrepreneur) apply to all contracts concluded and to any agreement concluded between a consumer or a trader (customer) and the trader with regard to all goods and / or services presented in the online shop of the entrepreneur. The inclusion of the customer’s own conditions is objected to, unless other conditions are stipulated.
1.2 The consumer/customer, on the basis of the terms & conditions, is any person who acts for purposes wholly or largely outside the trade, business, craft or profession of that person. A trader under these Terms and Conditions is any person acting for purposes related to his trade, business, craft or profession, whether acting personally or by another person acting on behalf of the trader or on behalf of the trader. the trader.
1.3 Before the distance contract is concluded, the text of these General Terms and Conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the General Terms and Conditions can be viewed by the entrepreneur and they will be sent to the consumer as soon as possible at the request of the consumer.
1.4 If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
1.5 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him.
Article 2 – Definitions
In these conditions the following shall apply:
2.1 Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance. The entrepreneur in these General Terms and Conditions is the company Internatio Allique B.V. and relates to the brand HUG THE TEA. The entrepreneur trades online with the webshop www.hugthetea.com;
2.2 Consumer / customer: the natural person who enters into an agreement with the entrepreneur and does not act in the exercise of profession and / or company;
2.3 Trader / customer: the natural person who enters into an agreement with the entrepreneur and acts in the exercise of profession and / or company;
2.4 Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
2.5 Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same place at the same time;
2.6 Cooling-off period: this is the period within which the consumer can make use of his right of withdrawal;
2.7 Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period;
2.8 Day: calendar day 24-hour;
2.9 Duration transaction: a distance contract with regard to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time.
Article 3 – Identity of the entrepeneur
HUG THE TEA – Internatio Allique B.V.
Oude Molstraat 16
2513 BB The Hague
Email address: firstname.lastname@example.org
VAT identification number: NL812323208B01
Commercial Register: 24339318
Article 4 – The offer
4.1 The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
4.2 If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
– The price incl. VAT;
– the possible costs of delivery;
– The manner in which the agreement will be concluded and which actions are necessary for this;
– Whether or not to apply the right of withdrawal;
– The method of payment, delivery or execution of the agreement;
– The period for accepting the offer or the period for adhering to the price;
– The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
– If the agreement is filed after the conclusion, how it can be consulted for the consumer;
– The way in which the consumer can get informed of the undesirable actions he or she wants before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
– Any languages in which the agreement can be concluded in addition to Dutch;
– The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
– The minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 – The agreement
5.1 The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
5.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
5.3 If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
5.4 The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5.5 With the product or service the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the trader where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing service after purchase and guarantees;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
5.6 If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
6.1 When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during 14 calendar days. This period starts on the day after receipt of the product by or on behalf of the consumer.
6.2 During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
7.1 If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
7.2 If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after the received return or cancellation, refund.
Article 8 – Exclusion of right of withdrawal
8.1 If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
8.2 Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. which can not be returned due to their nature;
c. that can spoil or age quickly.
Article 9 – The price
9.1 During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
9.2 Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
9.3 Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
9.4 Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or stipulations; or b. the consumer has the authority to cancel the agreement by the day on which the price increase takes effect.
9.5 The prices mentioned in the offer of products or services offered online include VAT.
Article 10 – Compliance and Warranty
10.1 The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
10.2 An arrangement offered by the entrepreneur as guarantee does not affect the rights and claims that the consumer can assert in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur under the law and / or the agreement at a distance.
Article 11 – Delivery and execution
11.1 The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
11.2 The place of delivery is the address that the consumer has made known to the company.
11.3 With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
11.4 In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
11.5 If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
11.6 The risk of damage and / or loss of products rests until the moment of delivery to the consumer at the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Duration Transactions
12.1 The consumer can at any time terminate an agreement that has been concluded for an indefinite period with due observance of the agreed cancellation rules and a notice period of up to one month.
12.2 A contract that has been concluded for a definite period has a term of a maximum of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as a contract for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 – Payment
13.1 Insofar as not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
13.2 When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
13.3 The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
13.4 In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 – Complaints
14.1 The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
14.2 Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
14.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the two-week period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
14.4 If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution.
Article 15 – Information about an online dispute solution
15.1 The EU-Commission provides a platform for Online Dispute Resolution via the following link: http://ec.europa.eu/consumers/odr
15.2 This platform is the first contact point for settling disputes out-of-court, that arise from online sales contracts involving a consumer.